(The following terms and conditions also contain legal information about your rights under the Distance Selling and Electronic Commerce Regulations.)
2. Offers and service descriptions
3. Ordering and contracting
4. Prices and shipping costs
5. Delivery, product availability
6. Payment arrangements
7. Retention of title
8. Warranty and guarantee
10. Storage of the contract text
12. Jurisdiction, Applicable Law, Contractual Language
1.1. For the business relationship between pixelcatcher, Michael Damböck. Kniebisstr. 43, 70188 Stuttgart (hereinafter referred to as „Seller“) and the Customer (hereinafter referred to as „Customer“) are subject to the following General Terms and Conditions in their version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints weekdays from 9:00 to 13:00 clock under the telephone number 0711/9967115 and by e-mail at email@example.com.
1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
second Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid „as long as stocks last“, unless otherwise noted in the products. Incidentally, errors remain reserved.
third Ordering process and contract
3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Afterwards, the customer can use the „Continue to checkout“ button within the shopping cart to complete the order process.
3.2. With the button ‚Buy‘, the customer makes a binding request to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the „Print“ function (order confirmation). The automatic acknowledgment of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, or hand over the shipment confirmed the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller even after renewed request until 10 calendar days after sending the order confirmation, the seller withdraws from the contract, with the result that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.
4th Prices and Shipping Costs
4.1. All prices quoted on the seller’s website include the applicable VAT.
4.2. In addition to the prices quoted, the seller charges shipping for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5th LDelivery, Product Availability
5.1. As far as advance payment has been agreed, delivery will take place upon receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to partial deliveries at his expense, as far as this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Possibly. Payments made will be reimbursed to the customer immediately.
5.4. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for the consideration already paid.
5.5. Customers are advised of delivery times and delivery restrictions (such as restrictions on deliveries to certain countries) on a separate information page or within the relevant product description.
6th Payment modalities
6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
seventh Retention of title
Until full payment, the delivered goods remain the property of the seller.
8th Warranty and Warranty
8.1. The warranty is governed by law.
8.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers will be notified of the terms of guarantee prior to initiating the ordering process.
9.1. The following disclaimers and limitations apply to the seller’s liability for damages, without prejudice to the other statutory eligibility requirements.
9.2. The seller is liable without limitation, as far as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10th Storage of the contract text
10.1. The customer can print the contract text to the seller before submitting the order by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the information about shipping costs and delivery and payment conditions. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the Internet.
11.1. The seller processes personal data of the customer earmarked and according to the legal regulations.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller for the performance and execution of the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to obtain free information about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, as far as there is no legal duty to retain.
12th Jurisdiction, applicable law, contract language
12.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, legal entity under public law or public law special fund.
12.2. Contract language is German.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr . We are ready to participate in an out-of-court settlement.